I am well aware of the law for mobile phones whilst driving and have looked through to find any advice prior to posting. My daughter has only been passed her test for 18 months and is not allowed to use her mobile whilst in the car. However she responded to an emergency call from her father re someone in hospital whilst she was stationary at traffic lights 1/5/08. She had put the phone down before moving on. However a police car came from nowhere with lights flashing and pulled her over approx 100 metere on.
This is the first time she had been stopped and was very nervous. The officer cautioned her for useing her mobile whilst driving and issued her with a fixed penalty notice for an endorsable offence. She explained the situation and stated she was stationary at the lights and not driving. She has since produced her documents within 7 days and was issued with a fixed penalty mitigation form at that time from the desk officer who said if she filled it in the officer may reconsider the prosecution.On inspection of the form it says it must be attached to a non-endorsable notice. As time is getting nearer the 28 days Can anyone offer any advice on how or if she should proceed with this. I know it is at the moment £60 and 3 points. Is it worth trying to stall with this until after her 2 years period which is not up until November.Any advice how to proceed with this please.

No It is the date of the offence not the date you take the hit. This was a road stop and very difficult to release her form and she has been issued a FPN. Using a mobile in a vehicle can only be done when parked in a safe place and the engine turn off. Sorry. She will have to drive as a saint until the two years are up and even longer is she has any sence. Lets face it she did not know it was an emergency call until she took the call. Best turned off when driving in my book. Do not exceed the time limit to respond. Pete D

Thanks for the quick reply. Peter D. She was aware that it was an emergency call as she was expecting it comming through. I take your points however.
How would you advise the easiest way to respond? Does she just accept it and return with a cheque for the £60. T.I.A.

The FPN with have the details of what to do but Cheque and Licence required for the 3 points to be added. You could try a coving letter about the emergency nature of the call but I can not see it going very far as the caller did not know she was stationary. Interesting about the fixed penalty mitigation form perhaps you should complete that as well and sent it all in. Pete D

Personally, I would argue that in such circumstances, a law banning the use of mobile phones when the vehicle is securely stopped is an unnecessary breach of the right to receive and express ideas and information under Article 10.1 ECHR, and as such, the meaning of 'driving' must be interpreted in such a way as to give effect to that right.
Don't expect an easy ride in the muppet courts though.

I know what you mean Andy but the law states The Definition of Driving
“The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003” defines a person as “driving” even if the vehicle is stationary but the engine is running. The offence will apply to all motor vehicles, including motorcycles, but will not apply to pedal cycles. Pete D

That doesn't mean the UK law doesn't contravene European law though Pete, wouldn't be the first time after all!

Simon